obama could have have possibly people were predicted in september and october won the electoral college while losing the popular vote. so the current system right now isn't skud. there is one red joker there is one blue joker in the deck. they wop up-- pop up but it is not a stacked deck. both parties might favor it states have road tested the idea. it adds to equality. >> rose: erol warren where do you place him in the mant panth onof chief justices. >> there a chapter on him, he is up there in my view with john marshal. >> rose: perhaps the greatest. >> and that say controversial statement, it seems. i think he made one huge mistake and i'm this, i'm with the conservatives. i think the warren court let criminal defendants off on crummy technicallities unrelated to guilt or innocence. and that hasn't aged very well. the exclusionary rule. >> rose: right. >> but on the other five things that the warren court didn't. >> rose: you didn't like those rules. >> on that i am i'm to the right of justice scalia and thomas. we have common ground because it is not in the constitution's text and i